digital nomads — remote work
Italy’s digital nomad visa: too good to be true?
Requirements for the Digital nomad visa were finally approved by the Government but some conditions remain vague and unclear and it shall not be easy — as it sounds — to obtain the visa
A “digital nomad” is defined as a non-EU citizen who performs highly skilled remote work in Italy, either as a freelancer (digital nomad) or as an employee/collaborator of a company (remote worker), which can also be based outside Italy. The visa is exempt from the “quota” limits, and it is not necessary to obtain any work permits (nulla osta) in Italy before applying for the visa.
Main requirements (𝘄𝗶𝘁𝗵 𝗺𝘆 𝗰𝗼𝗺𝗺𝗲𝗻𝘁𝘀):
- the applicant must show to have an annual income of not less than around €28,000: 𝗵𝗼𝘄 𝘁𝗼 𝗽𝗿𝗼𝘃𝗲 𝗶𝘁? 𝗪𝗼𝘂𝗹𝗱 𝗶𝘁 𝗯𝗲 𝘀𝘂𝗳𝗳𝗶𝗰𝗶𝗲𝗻𝘁 𝘁𝗼 𝗽𝗿𝗼𝘃𝗲 𝘁𝗵𝗲 𝗺𝗶𝗻𝗶𝗺𝘂𝗺 𝗮𝗺𝗼𝘂𝗻𝘁 𝗿𝗲𝗾𝘂𝗶𝗿𝗲𝗱 𝗼𝗿 𝘄𝗼𝘂𝗹𝗱 𝗲𝗮𝗰𝗵 𝗖𝗼𝗻𝘀𝘂𝗹𝗮𝘁𝗲𝘀 (𝗮𝘀 𝗶𝘁 𝗵𝗮𝗽𝗽𝗲𝗻𝘀 𝗳𝗼𝗿 𝘁𝗵𝗲 𝗘𝗹𝗲𝗰𝘁𝗶𝘃𝗲 𝗥𝗲𝘀𝗶𝗱𝗲𝗻𝗰𝘆 𝗩𝗶𝘀𝗮) 𝗿𝗲𝗾𝘂𝗶𝗿𝗲 𝗮 𝗵𝗶𝗴𝗵𝗲𝗿 𝗮𝗺𝗼𝘂𝗻𝘁?
- must have a health insurance for medical care and hospitalization valid throughout Italy and for the entire period of stay.
- Proof of having secured accommodation in Italy 𝗪𝗶𝗹𝗹 𝗖𝗼𝗻𝘀𝘂𝗹𝗮𝘁𝗲𝘀 𝗿𝗲𝗾𝘂𝗲𝘀𝘁 𝗮 𝟭 𝘆𝗲𝗮𝗿 𝗹𝗲𝗮𝘀𝗲 𝗮𝗴𝗿𝗲𝗲𝗺𝗲𝗻𝘁 — 𝗮𝘀 𝗶𝘁 𝗿𝗲𝗾𝘂𝗲𝘀𝘁𝗲𝗱 𝗳𝗼𝗿 𝘁𝗵𝗲 𝗘𝗹𝗲𝗰𝘁𝗶𝘃𝗲 𝗥𝗲𝘀𝗶𝗱𝗲𝗻𝗰𝘆 𝗩𝗶𝘀𝗮? 𝗧𝗵𝗶𝘀 𝗺𝗲𝗮𝗻𝘀 𝘁𝗵𝗮 𝗮𝗽𝗽𝗹𝗶𝗰𝗮𝗻𝘁𝘀 𝘄𝗶𝗹𝗹 𝗻𝗲𝗲𝗱 𝘁𝗼 𝘀𝗶𝗴𝗻 𝗮 𝗹𝗲𝗮𝘀𝗲 𝗯𝗲𝗳𝗼𝗿𝗲 𝗸𝗻𝗼𝘄𝗶𝗻𝗴 𝗶𝗳 𝗮𝗻𝗱 𝘄𝗵𝗲𝗻 𝘁𝗵𝗲𝘆 𝘄𝗶𝗹𝗹 𝗼𝗯𝘁𝗮𝗶𝗻 𝘁𝗵𝗲 𝘃𝗶𝘀𝗮
- At least 6 months of work experience 𝘄𝗵𝗮𝘁 𝗲𝘃𝗶𝗱𝗲𝗻𝗰𝗲 𝘄𝗶𝗹𝗹 𝘁𝗵𝗲 𝗖𝗼𝗻𝘀𝘂𝗹𝗮𝘁𝗲𝘀 𝗿𝗲𝗾𝘂𝗲𝘀𝘁 𝘁𝗼 𝗽𝗿𝗼𝘃𝗲 𝗮𝗱𝗲𝗾𝘂𝗮𝘁𝗲 𝘄𝗼𝗿𝗸 𝗲𝘅𝗽𝗲𝗿𝗶𝗲𝗻𝗰𝗲? as a digital nomad or remote worker 𝗛𝗼𝘄 𝘄𝗶𝗹𝗹 𝘁𝗵𝗲 𝗖𝗼𝗻𝘀𝘂𝗹𝗮𝘁𝗲 𝗮𝘀𝘀𝗲𝘀𝘀 𝘄𝗵𝗲𝘁𝗵𝗲𝗿 𝘁𝗵𝗲 𝗮𝗽𝗽𝗹𝗶𝗰𝗮𝗻𝘁 𝗳𝗶𝘁𝘀 𝗶𝗻 𝘁𝗵𝗲 𝗱𝗲𝗳𝗶𝗻𝗶𝘁𝗶𝗼𝗻 𝗼𝗳 “𝗱𝗶𝗴𝗶𝘁𝗮𝗹 𝗻𝗼𝗺𝗮𝗱𝘀” 𝘀𝗲𝘁 𝗳𝗼𝗿𝘁𝗵 𝗯𝘆 𝘁𝗵𝗲 𝗹𝗮𝘄?
- 𝗜𝗻 𝗰𝗮𝘀𝗲 𝗼𝗳 𝗱𝗶𝗴𝗶𝘁𝗮𝗹 𝗻𝗼𝗺𝗮𝗱𝘀 (𝗲𝗴 𝗳𝗿𝗲𝗲𝗹𝗮𝗻𝗰𝗲 𝘄𝗼𝗿𝗸𝗲𝗿𝘀) 𝘁𝗵𝗲 𝗮𝗽𝗽𝗹𝗶𝗰𝗮𝗻𝘁 𝘄𝗶𝗹𝗹 𝗻𝗲𝗲𝗱 𝘁𝗼 𝗽𝗿𝗼𝘃𝗲 𝘁𝗼 𝗺𝗲𝗲𝘁 𝘁𝗵𝗲 𝘀𝗮𝗺𝗲 𝗿𝗲𝗾𝘂𝗶𝗿𝗲𝗺𝗲𝗻𝘁𝘀 𝗳𝗼𝗿 𝘁𝗵𝗲 𝗕𝗹𝘂𝗲 𝗖𝗮𝗿𝗱 𝗽𝗲𝗿𝗺𝗶𝘁𝘆, 𝗲𝗴 𝟯 𝘆𝗲𝗮𝗿𝘀 𝗨𝗻𝗶𝘃𝗲𝗿𝘀𝗶𝘁𝘆 𝗱𝗶𝗽𝗹𝗼𝗺𝗮 𝗮𝗻𝗱- 𝗶𝗳 𝗻𝗼𝘁 𝗮𝘃𝗮𝗶𝗹𝗮𝗯𝗹𝗲- 𝘄𝗵𝗮𝘁 𝘄𝗶𝗹𝗹 𝗯𝗲 𝗻𝗲𝗰𝗲𝘀𝘀𝗮𝗿𝘆 𝘁𝗼 𝘁𝗼 𝗽𝗿𝗼𝘃𝗲 𝗮𝗱𝗲𝗾𝘂𝗮𝘁𝗲 𝗽𝗿𝗼𝗳𝗲𝘀𝘀𝗶𝗼𝗻𝗮𝗹 𝗲𝘅𝗽𝗲𝗿𝗶𝗲𝗻𝗰𝗲?
For the visa application, it is necessary to submit a declaration signed by the employer and a self-certification where the worker must attest to the absence of criminal convictions.
Once the visa is issued, the holder shall travel to Italy and apply for the residence permit within eight working days of entry. The worker will be issued a permit as a “digital nomad — remote worker” valid for one year, renewable each year if the conditions and requirements are met (𝗡𝗕 𝘁𝗵𝗲 𝗶𝗻𝗱𝗶𝘃𝗶𝗱𝘂𝗮𝗹 𝘄𝗶𝗹𝗹 𝗯𝗲𝗰𝗼𝗺𝗲 𝘁𝗮𝘅 𝗿𝗲𝘀𝗶𝗱𝗲𝗻𝘁 𝗮𝗻𝗱 𝘄𝗶𝗹𝗹 𝗻𝗲𝗲𝗱 𝘁𝗼 𝗮𝗯𝗶𝗱𝗲 𝗯𝘆 𝘁𝗮𝘅 𝗮𝗻𝗱 𝘀𝗼𝗰𝗶𝗮𝗹 𝘀𝗲𝗰𝘂𝗿𝗶𝘁𝘆 𝗿𝘂𝗹𝗲𝘀)
Digital nomad/remote workers will be entitled to bring core family members (spouse and children under 18, parents under certain conditions).
Tax obligations and Social security coverage: where bilateral agreements on social security between Italy and the country of origin exist, these agreements will apply. In the absence of such agreements, Italian social security and insurance coverage regulations will apply. Digital nomads and remote workers will be provided with a tax code upon residence permit issuance. Digital nomads can request a VAT number from the Revenue Agency, which is informed about the visa issuance from police authorities.
Refusal of the visa: The visa may be refused/revoked if the employer or contractor has been convicted in the last five years. The residence permit already issued may be revoked when the worker or the company fails to comply with tax and contributory obligations.
What will happen now?
I hope to be proved wrong but, in the absence of clear guidance by the Ministry of Foreign Affairs (which I doutbt shall be ever issued) Consulates shall be loaded with visa applications with the result that:
- 𝙒𝙝𝙚𝙧𝙚 𝙩𝙤 𝙖𝙥𝙥𝙡𝙮 𝙛𝙤𝙧 𝙩𝙝𝙚 𝙫𝙞𝙨𝙖: applicants cannot apply while in Italy but need to return to their country of residency. in most Consulates it is very difficult to book an appointment for filing the visa application appointments are most likleyl to be fixed after some months;
- 𝙋𝙧𝙤𝙘𝙚𝙨𝙨𝙞𝙣𝙜 𝙩𝙞𝙢𝙚: the processing time for the visa is by law up to 90 days (and the Consulate will keep the passport while aplication is pending) and if the Consulates request more documents the time can be extended
- 𝘼𝙘𝙘𝙤𝙢𝙤𝙙𝙖𝙩𝙞𝙤𝙣: applicants who do not own a property in Italy, will most likely need to sign a 1 year lease agreement before knowing whether they will be granted the visa
- 𝘼𝙥𝙥𝙧𝙤𝙫𝙖𝙡/𝙙𝙚𝙣𝙞𝙖𝙡: visa issuance/denial is discretionary on each Consulate, the law set forh, in fact, that no prior clearance is required in Italy. While this is apparently positive, in reality it leaves total discretion to each Consulate to decide upon the visa issuance with the consequence that the outcome of the application will become extremely unpredictable. I expect that Consulates will receive many applications and there will be many denials.
- 𝗙𝗮𝗺𝗶𝗹𝘆: the law set forth the visa is extended to applicant’s family (but only spouse and childern up to 18), but 𝘁𝗵𝗲 𝗳𝗮𝗺𝗶𝗹𝘆 𝗺𝗲𝗺𝗯𝗲𝗿𝘀 𝘀𝗵𝗮𝗹𝗹 𝗻𝗼𝘁 𝗯𝗲 𝗮𝗯𝗹𝗲 𝘁𝗼 𝗼𝗯𝘁𝗮𝗶𝗻 𝘁𝗵𝗲 𝘃𝗶𝘀𝗮 𝘄𝗶𝘁𝗵𝗼𝘂𝘁 𝗼𝗯𝘁𝗮𝗶𝗻𝗶𝗻𝗴 𝗮 𝗽𝗿𝗶𝗼𝗿 𝗣𝗼𝗹𝗶𝗰𝗲 𝗰𝗹𝗲𝗮𝗿𝗮𝗻𝗰𝗲 𝗶𝗻 𝗜𝘁𝗮𝗹𝘆 (𝘁𝗵𝗮𝘁 𝗰𝗮𝗻 𝘁𝗮𝗸𝗲 𝟮-𝟯 𝗺𝗼𝗻𝘁𝗵𝘀).
What other visas are available if you want to work in Italy?
(i) Company-sponsored work visas
Non-EU citizens who wish to live and work in Italy for more than 90 days must obtain a long-term visa.
Yearly quotas: in general, the hiring of non-EU workers by Italian companies is subject to the specific quotas released annually by the government,
𝒃𝒖𝒕 𝒔𝒐𝒎𝒆 𝒘𝒐𝒓𝒌 𝒗𝒊𝒔𝒂𝒔 𝒂𝒓𝒆 𝒏𝒐𝒕 𝒔𝒖𝒃𝒋𝒆𝒄𝒕 𝒕𝒐 𝒒𝒖𝒐𝒕𝒂 𝒍𝒊𝒎𝒊𝒕𝒂𝒕𝒊𝒐𝒏𝒔, 𝒏𝒂𝒎𝒆𝒍𝒚:
Blue card permit: allows Italian companies to hire directly ‘highly skilled workers’, ie those who (i) have a three-year University diploma or can prove adequate professional expereince, (ii) are offered a minimum 6 month contract, and (iii) a salary of not less than €28,000/year.
Intra-company permits: a work visa can be obtained for employees (not for contractors) of a foreign company that has a subsidiary or an affiliate (a company part of the same Group) in Italy. These permits are for a maximum duration of three of five years and during the assignment, the workers must remain hired by the sending company. The application for obtaining the work permit must be filed by the Italian company but the workers remain hired by the foreign company.
Italy’s intra-company visas
What is the procedure for an intra-company assignment?
mm-63015.medium.com
Assignment pursuant to a service agreement: a work visa can be obtained also when a foreign company and an Italian company have executed a service agreement that requires some employees (not contractors) of the foreign company to be posted in Italy for carrying out some specialised works or quality controls. The application for obtaining the work permit must be filed by the Italian company but the workers remain hired by the foreign company.
Self employment visa as company director: an individual who is appointed as Member of the Board of a Spa or Srl company can obtain a self-employment visa if: (i) the company is in activity since at least 3 years and is in good standing; (ii) is given a compensation of not less than 8,000 year (but Consulates require a higher income, 3–4 times the minimum); (iii) prove to have a suitable accomodation.(**)
(ii) Visas for individuals non sponsored or to be hired by a company
Self-employee visas: this visa can be applied for by individuals who are freelancers. This visa is extremely difficult to obtain, only few hundred quotas every year are issued for freelancers and the applicant will need to prove a consistent professional experience as consultant and a substantial income. (**)
Investors’ Visa: the Investors’ Visa can be obtained by: (i) purchasing €2m in Italian Government bonds (to be kept for a period of at least two years), (ii) investing € 500,000 buying shares of a Spa or Srl company (generally investment is done purchasing shares of publicly listed companies) or €250,000 in an ‘innovative startup’, or (iii) donating €1m in philanthropic projects of public interest.
Create your own ‘start-up’ company: this visa is for non-EU nationals intending to set up an innovative start-up business. The applicant must prove the availability of at least €50,000 to be used for the sole purpose of establishing and operating the start-up, and (ii) submit a detailed business plan.(**)
Italy’ s startup visas. Non-EU nationals intending to set up an… | by Marco Mazzeschi | Medium
(**) These visas are however subject to specific yearly quotas
Disclaimer
The information provided on this article (i) does not, and is not intended to, constitute legal advice; (ii) are for general informational purposes only and may not constitute the most up-to-date legal or other information (iii) this website may contain links to other third-party websites. Such links are only for the convenience of the reader; (iv) readers should contact their attorney to obtain advice with respect to any particular legal matter.
